Special Education

Effective no later than September 5, 2023, all students entitled to Free and Appropriate Public Education (FAPE) and all of the rights and procedural safeguards under the Individuals with Disabilities Education Act (IDEA) and Chapter 14 of Title 22 of the Pennsylvania Code may remain enrolled in public school until they turn 22 years of age. This includes students who turned 21 and exited during or after the 2022-2023 school term. 

Policy Revision 

PDE has revised its guidance pertaining to INDIVIDUALS WITH DISABLITIES EDUCATION ACT PART B POLICIES AND PROCEDURES UNDER 34 CFR §§ 300.101—300.176 as follows: www.education.pa.gov/Documents/IDEAB.pdf 

The Commonwealth of Pennsylvania ensures that all children with disabilities ages 3 years through 21 years residing in Pennsylvania have the right to a FAPE, including children with disabilities who have been suspended or expelled from school. The commonwealth shall make FAPE available to a child with a disability eligible under IDEA until the student turns 22. Notwithstanding any other provision of law to the contrary, a child eligible under IDEA who attains the age of twenty-one (21) years may remain enrolled in their resident district free of charge until their 22nd birthday. 

PDE’s webpage contains the Amended Agreement Policy, a copy of the Notice Letter, and a copy of the Penn Link Communication.